Herrera v. Wang et al

Filing 17

ORDER DISMISSING this Action, with Prejudice, for Failure to State a Claim 14 (Strike), signed by Magistrate Judge Dennis L. Beck on 11/13/2013. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERTO HERRERA,

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Plaintiff,
v.
JEFFREY WANG, et al.,

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Case No. 1:12-cv-01866-DLB (PC)
ORDER DISMISSING THIS ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM
(ECF No. 14)

Defendants.
Plaintiff Roberto Herrera (“Plaintiff”) is a state prisoner appearing pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983.

On May 20, 2013, the Court issued an order

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dismissing the complaint for failure to state a claim. (ECF No. 14.) Plaintiff was given thirty

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days to file an amended complaint and was cautioned that the failure to do so would result in the

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dismissal of this action for failure to obey a court order and failure to state a claim. More than

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thirty days has passed, and Plaintiff has not complied with or otherwise responded to the Court’s

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order. As a result, there is no pleading on file which sets forth any claims upon which relief may
be granted.

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Accordingly, IT IS HEREBY ORDERED that:
1.

This action is dismissed, with prejudice, based on Plaintiff’s failure to state a claim

upon which relief may be granted under section 1983;
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This dismissal is subject to the “three-strikes” provision set forth in 28 U.S.C. §

2.

1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098-99 (9th Cir. 2011); and
3.

The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

November 13, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

3b142a

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